A few in limine motions granted before jury trial; most denied

Power Integrations, Inc. v. Fairchild Semiconductor Int’l, Inc., No. 04-1371–JJF Sept. 20, 2006.

Farnan, J.  Court grants 3 of 19 motions in limine filed by defendants, and 1 1/2 out of 5 motions filed by plaintiff.



The rulings include motions to exclude certain damages evidence.  Motions akin to summary judgment motions were denied.  Also, the court ruled technical experts are permitted to opine on infringement.  Evidence of offers for sale was permitted as relevant to price erosion. Evidence of shifting claim construction positions was allowed. The expert was not permitted to testify as to inherency where an inherency opinion was not included in that expert’s report.  Defendants were limited to 7 prior art references (the same as the number of disputed claims) and the parties were to confer on publication dates.

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